Latest news with #2ndCircuitCourt
Yahoo
27-02-2025
- Politics
- Yahoo
Prison site lawsuit set for SD Supreme Court
SIOUX FALLS, S.D. (KELO) — The South Dakota Supreme Court will hear oral arguments in March in a case involving the proposed site for a new men's prison in Lincoln County. The case is an appeal of a case dismissed in October by the Lincoln County 2nd Circuit Court Judge Jennifer D. Mammenga. Empty offices, vacant apartments part of outlook report A group called NOPE opposes a proposed prison site between Harrisburg and Canton and filed a lawsuit against the South Dakota Department of Corrections, the state of South Dakota and DOC Secretary Kellie Wasko. The lawsuit claimed the state should have followed Lincoln County zoning ordinances when it chose the site for the planned new men's prison between Harrisburg and Canton. In her October ruling, Mammenga wrote in her opinion that the state (defendants) are immune from suit under the doctrine of sovereign immunity. The hearing before the state's Supreme Court is set for 10:30 a.m. on Tuesday, March 25. The planned hearing is just one development in on the proposed new men's prison. On Thursday, Gov. Larry Rhoden announced he had formed a task force called Prison Project Reset after a proposed 1,500 new men's prison failed in the Legislature. Rhoden said the task force will determine the size, location and need for a new prison. Although, the need may be a moot point, as he said the consensus is that a new prison is needed. The task force should agree with that as well, Rhoden said. The task force is scheduled to complete its work before a July 22 special session. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
13-02-2025
- Entertainment
- Yahoo
R. Kelly's Bid To Appeal His Sex Trafficking Conviction Denied By Federal Judge
R. Kelly is staying in prison on his sex trafficking and racketeering convictions for the required 30 years. His request for appeal was denied by the 2nd U.S. Circuit Court of Appeals on Wednesday (Feb. 12), per AP. The ruling was made after first hearing arguments last March. The disgraced singer-songwriter was convicted back in 2021. Kelly's legal representation, Attorney Jennifer Bonjean, said in a statement that she feels the Supreme Court will agree to hear an appeal. She called the 2nd Circuit Court's ruling 'unprecedented,' adding that it gives prosecutors unlimited discretion to apply the racketeering law 'to situations absurdly remote' from the statute's intent. The court declined to hear his appeal last year regarding his 20-year sentence from his 2022 child sex abuse charges in Chicago. The 2nd Circuit Court refused Kelly's argument that the trial evidence was insufficient and the constitutionality of certain laws presented against him were questionable. The singer also felt four jurors were biased, said the trial judge made 'improper rulings,' and believed that the racketeering charge was also inappropriate. 'Enabled by a constellation of managers, assistants, and other staff for over twenty-five years, Kelly exploited his fame to lure girls and young women into his grasp,' the appeals court said, and mentioned that members of his entourage helped introduce him to underage girls. The three-judge panel continued, 'Evidence at trial showed that he would isolate them from friends and family, control nearly every aspect of their lives, and abuse them verbally, physically, and sexually.' The court noted that it was 'neither arbitrary nor irrational' that several accusers who testified at trial said Kelly gave them herpes without disclosing he had the STD, and it was not 'unduly prejudicial or cumulative' that seven of them who were minors at the time of abuse were also allowed to testify. 'None of the testimony was more inflammatory than the charged acts,' the appeals court said. When speaking on letting jurors view graphic videos as evidence of the abuse, the 2nd Circuit stated that it was not 'unfairly prejudicial.' The videos 'were properly admitted to show the means and methods of the enterprise, including the level of control and dominance Kelly had over his victims.' Bonjean called out one 2nd Circuit judge, Richard J. Sullivan, and agreed with what he described as the majority's 'excellent opinion,' but disagreed with a restitution award given to one victim for a lifetime supply of a suppressive regime of herpes medication. 'This was not restitution. This was an effort by the government to unfairly enrich government witnesses for their testimony,' Bonjean said. Since being incarcerated, Kelly had paid over half-million dollars to victims, associated fines, and more. More from Texas School Teacher And Son Accused Of Sex Trafficking Underage Students Diddy Rushed To Hospital With Knee Pain While Awaiting Trial Diddy's Mother Held Sex Parties At Mogul's Childhood Home, Friend Says
